Friday, 17 February 2012

LTW 2012 Winter Challenge E02/17: Request for Redress

Request for Redress

During a port-starboard incident in a fleet race for Tornado's, there's a collision between Red and Purple. Red's starboard bow hits the starboard rudder of Purple and sheers it completely off. Purple cannot finish the race but manages to sail home with one rudder. Red does a two turn penalty. Purple hands in a protest form with the attached situation-drawing and asks for redress.

In the hearing you find as fact that Purple NOT displayed a red flag, but did hail 'Protest'The incident happened in the one but final race. Both boats have equal points (out of 6 races) and both already have a discard. Purple discards a BFD and Red a DNF. The boat winning this protest is most likely to win the event. (A National Championship).

Animation E02/17

Picture from RED

Write the facts found, draw conclusions and decide the protest & the request for redress.

You may ask two questions related to what happened on the water, before Monday 23:59 which will be answered on Tuesday. And you may ask two questions related to the request for redress, before Wednesday 23:59, which will be answered on Thursday.

RED: Answer 1: "I agree with the drawing"Answer 2: "I expected purple to have been long gone, they were very slow in tacking and didn't accelerate out of it. By the time I became aware that they might not have gone, I decided to bear off. I just didn't make it. If I had turned down perhaps 10 centimetres more, I would have cleared"

RED: "I became aware of Red just after rounding the mark. By that time he was already tacking. I didn't watch him luff"PURPLE: "Multi-hulls like a Tornado, always tack very slowly. The wind dropped when we passed head to wind and it took some time to speed up again"

RED: "Immediately after the collision. I saw that we had taken off his starboard rudder"RED: "I was right of way boat. I didn't expect Purple to still be there. I tried to avoid contact but just didn't make it"

Question to Purple - How long after you passed head to wind occurred the collision?Question to Red - How much distance were you from Red when it became clear that Purple is not going to go out of your way?

PURPLE: "I hailed Protest on the water. When I was ashore I told his crew we were going to go ahead with the protest. That was before I handed in the form"RED: "I was right of way boat. I didn't expect Purple to still be there. I tried to avoid contact but just didn't make it"

RED: "We saw Purple five or six boat lengths ahead of us rounding the mark. By the time we came to the mark they were long gone and I didn't think about them so as to concentrate in getting the genneker in.When we had rounded I saw them in front of us maybe 4 or 5 boat lengths away. They were tacking. I expected them to accelerate away after the tack, so by the time I would be there, they were long gone. When I was two BL away I decided to go behind them. I misjudged and just clipped their rudder.

PURPLE: "There was a drop in pressure during the tack. That exacerbated the problem. We did have a slower tack than usual. But not by much, they should not have hit us. He came full blast and took off my rudder!"

Purple, can you please specify and quote the rule that you claim Red has violated, which your request for redress is based on?

Red, please respond to the following (hypothetical) accusation: "Red has violated the recognized principles of sportsmanship and fair play; knowing that the National Championship was at stake, Red abused the conditions and her right-of-way status and caused damage to Purple to insure a win in the event."

PURPLE: "When I started tacking there was no collision course, Red pointed at me and should have given me room to keep clear. She changed course and rule 16 states that she has to give room. My tack was slower than usual because the wind dropped, I couldn't do anything. Red should also not have hit me!"

RED: "That is not so!. I tried to go behind Purple an avoid him, I was not trying to take him out. I resent this accusation"

Question to both Red and Purple – Can you describe in detail the wind and sea conditions

Question to Purple – You told us that “We did have a slower tack than usual”. You also said the wind dropped when you passed head to wind. That would have largely affected your acceleration after the tack rather than the tack itself. Can you explain what else could have contributed to a slower than normal tack, such as stalling beforehand, waves, crew work etc.?

Purple: "The final race is tomorrow, we'll have the rudder fixed by then. I want redress for this race. The incident happened just after the final leeward mark, we were beating toward the finish. That is leg 5 out of 5"

Questions to Purple1. (At the very beginning of the hearing) You handed in a protest form. Was it intended to be a protest against Red or a request for redress for your boat? 2. What kind of redress do you think is appropriate in this case?

1) Purple: What percentage of the race remained when you got disabled?2) Purple: Is there anything that you could have done to fix the boat immediately after the accident so that you could have continued even if you went slower?

Facts Found:1. PURPLE rounded a Starboard hand leeward mark 5 lengths ahead of RED.2. As RED was rounding the mark, PURPLE luffed, initiating a tack.3. At the moment PURPLE passed head to wind, RED was on a collision course with PURPLE.4. When RED was 12 meters from PURPLE, RED bore away attempting to pass astern of PURPLE. 5. While PURPLE was still tacking, there was contact which caused serious damage. RED's starboard bow hit the starboard rudder of Purple and sheered it completely off.6. PURPLE was unable to continue racing. 7. PURPLE hailed “protest” but did not display a red flag.8. The damage was obvious.9. PURPLE informed RED ashore within the protest time limit. 10. Red took a Two-Turns Penalty.

Conclusions:1. Rule 61.1(a)(3) applies. The protest is valid. 2. After position 4 when PURPLE luffed head to wind she was ROW boat altering course, giving RED room to keep clear. 3. At position 5 PURPLE has passed head to wind and must now keep clear (rule13).4. RED acquired ROW by PURPLE’s actions - rule 15 does not apply.5. While right of way, RED’s only course change was to try and avoid a collision. RED does not break rule 16.1. 6. PURPLE broke rule 13.7. RED could have born away more, and cleared PURPLE. It was reasonably possible for RED to avoid contact. 8. RED broke rule 14.9. Since there was serious damage, a Two-Turns Penalty is insufficient. Her penalty shall be to retire (rule 44.1(b)).

You've established in the facts that Purple passed head to wind after Red established a collision course.All conclusions are consistent with that fact, save that Purple also broke rule 14.In your decision you may not DSQ Purple, she took an appropriate penalty by retiring.

Please note : no questions on redress because I had already decided that a request for redress would be denied.

Grey Bear

Facts found

1. Purple rounded the mark 4 boat lengths ahead of Red. She luffed to close hauled leaving the mark 2 boat lengths on her starboard beam.2. Red rounded the mark and luffed to a close hauled course 1 boat length to windward of the course taken by Purple..3. Purple sailed 3 boat lengths close-hauled on starboard then luffed and passed head to wind, 4 boat lengths away and directly ahead of Red4. Red reached a close-hauled course at the same time as Purple passed head to wind.5. While tacking Purple slowed almost to a stop.6. Red accelerated rapidly, then sailed in a straight line, on a collision course with Purple, for 2 boat lengths.7. 2 boat lengths away from Purple, Red bore away but did not slow down.8. There was contact between Red's starboard bow and Purple's starboard rudder, causing damage to the rudder.9. Purple did not display a red flag but did hail protest. Purple later informed Red's crew of her intention to protest10. Red took a Two Turn Penalty.

Conclusions

1. The protest incident caused damage obvious to the boats involved. Purple did inform Red of her intention to protest immediately, by hailing. The protest is valid (61.(a)(3)).2. Purple, while tacking, did not keep clear of Red. Purple broke rule 13.3. Red acquired right of way because of Purple's action. Rule 15 does not apply.4. From the time she acquired right of way until she bore away to pass astern of Purple, Red did not change course. Red's subsequent change of course, bearing away, was consistent with a right of way boat taking action to avoid Purple, who was not keeping clear. Red did not break rule 16.1.5. When it became clear to Red that Purple was not keeping clear it was reasonably possible for Red to avoid contact by bearing away further or by slowing down. There was contact causing damage. Red broke rule 14. (See case 26. RYA 2002/11, although not authoritative, provides guidance).6. Although Red broke rule 14 she did so whilst attempting to avoid Purple who was breaking rule 13. Purple's own fault contributed to her score being made worse (rule 62.1).7. Red caused serious damage. Her penalty was to retire (rule 44.1).8. Red did not take an applicable penalty (64.1).

You conclude that ROW changed after Red already had a collision course. I would have liked if that was better supported by the facts found, but it is sort of inferred....I'm missing if Purple did or did not break 14.And the decision to DSQ Purple is not correct.

At the last rounding of the leeward mark, Purple is ahead of Red. There is 10-12 knots of breeze occasionally dropping to 4 knots. Red is close-hauled on starboard tack at the end of the rounding of the leeward mark, when Purple, 4-5 boat lengths ahead and half a boat length to leeward, tacks on to port (just before position 5 on the diagram accepted by both parites). During the tack, Purple slows down and is now on a collision course with Red. 2 boat lengths away from Purple, Red decides that Purple is not keeping clear and bears away by about 20 degrees to sail behind Purple. Collision occurs in which Red touches and damages Purple's rudder. At that moment, Purple was still not completely on a close hauled-course on port tack. After the collision, Purple hails "Protest" but does not display a red flag. Red notices the damage to the rudder but is not sure how serious it is. Red does a two-turn penalty.According to his own testimony, Red misjudged and would have passed behind if she had born down 10 cm more.

Decision:Purple did not keep clear after she passed head-to-wind and before she was on a close-hauled course and therefore broke RRS 13. RRS 15 and 16 don’t apply in this situation, because Red acquired priority through Purple’s actions and did not thereafter change course until trying to avoid collision. It is therefore not the case that Purple’s score was made worse through no fault of her own, as is required by RRS 62.1. No redress granted.

Red, as the right of way boat under RRS 13, did not have to act until it was clear that Purple was not keeping clear according to RRS 14(a). However, two boat lengths ahead it was clear that Purple was not keeping clear and at that time Red could have avoided the collision by bearing down just 10 cm more over the distance of 2 boat. Red failed to do so and therefore broke RRS 14 and, according to the case 26, must be penalized. The damage was serious, although it might not have been clear to Red. According to RRS 44.1 (b) the appropriate penalty for Red was to retire, but since Red did not know this at the time of the incident, she did not break the basic principle or RRS 2. She is therefore DSQ in this race.

Your wording is sometimes not according to the wording in the rulebook. 'Priority' for instance should be 'right of way'.Your facts clearly indicate that the collision course was already established when Purple passed head to wind, and your 'conclusions' are consistent with that.

If you use the 'standard' format of Facts Found, Conclusion and Decision it is more likely that you don't miss anything.Now I don't see any decision on Purple. Is she DSQ-ed or not?Failing to see if something is serious damage or not in this case, is not a rule 2 issue. For that it must be a lot worse.

Purple (tacking) failed to keep clear of Red (not tacking), but was compelled to do so by Red’s breach of rule 16.1 – Purple broke rule 13, but exonerated under rule 64.1(c).

Purple did not break rule 14 as it was not reasonably possible for her to avoid contact once she was mid tack.

If Red had acted as soon as it became clear that Purple was not keeping clear, Red could have avoided contact with Purple. Red therefore broke rule 14, and since there was contact that caused damage she may be penalised (rule 14(b)).

Red took two-turn penalty, but since damage was serious and Red gained a significant advantage in the race and series, applicable penalty is to retire (rule 44.1(b)).

Damage was obvious to both boats and so requirements of rule 61.1 do not apply (rule 61.1(a)(3)); Red informed Purple of intention to protest within protest time limit.

Protest Decision:Protest valid.

DSQ Red from race 7.

Redress Conclusions:Purple’s score in the race (and series) was, through no fault of her own, made significantly worse by physical damage arising from Red’s breach of rules 16.1 and 14 (rule 62.1(b)).

Redress Decision:Redress granted.

Purple to be given score in race 7 based on her place at the time she rounded the leeward mark just before the incident (final mark rounding). The scores of all other boats to be changed accordingly.

Your facts establish clearly that Purple was keeping clear when passing head to wind and that Red changed course after.All your conclusions are consistent with that, save that I don't read anything about Purple doing enough to keep clear...Redress decision is fine, only I would not change any other boats score. For that I would have to have certainty that Purple would have finished first. And 20 % left in the race is not giving that certainty.

Facts found- P rounded a leeward mark to be left to starboard.- At the time P was at the mark, R was approx. 5 boatlengths from the mark.- Soon after exiting the zone, P started a tacking maneuver from starboard onto port tack.- At the moment that P passed head-to-wind, R had rounded the mark and was on a close-hauled course on starboard tack. Boats were 3-4 boatlenghts away from each other at this point.- P had a particularly slow tack because of different reasons.- When boats were a boat length away, before P acquired a close-hauled course, R bore away attempting to avoid P but there was contact causing physical damage (P's starboard rudder was sheared off).- P hailed protest but did not display a flag.- R took a two-turn penalty and finished the race. R was aware of the damage.- P retired because the damage itself significantly affected her ability to proceed in the race at normal speed (ref case 110).- P requests redress.

Conclusions and rules that apply- Even though P did not display a flag, the protest is valid, since the damage was obvious to both boats and P informed R of her intention to protest (rule 61.1(c)).- An instant before P passed head-to-wind, she was ROW boat under rule 12.- When P passed head-to-wind, she became bound by rule 13 to keep clear of R until she is on a close-hauled course.- P breaks rule 13.- R is not bound by rule 15 to initially give room to P to keep clear, since R acquired ROW because of P's actions.- As ROW boat, R is bound by rule 16.1 to give room to P to keep clear when changing course.- R did not change course after acquiring ROW, other than to attempt to avoid P, and thus did not break rule 16.1.- R attempted to avoid contact when it became clear to her that P was not keeping clear. R was under no obligation to anticipate that P would break rule 13, nor that P's tack would be slower than expected. After it became clear that P was not going to keep clear of R, it was probably not possible for R to avoid the contact, so R did not break rule 14 (ref cases 2, 26, 27).- P's score in the race has been made significantly worse by physical damage which was caused because of P breaking rule 13. It was not made significantly worse by any of the conditions listed in rule 62.1. The conditions to consider redress are not met. Redress not given.

DecisionProtest is dismissed. Having retired from the race, P took an appropriate penalty and is thus not disqualified for breaking rule 13 (rule 64.1(b)).

Good. Your facts say that the collision course was already established when Purple passed head to wind.Conclusions should be much shorter, but they are correct, save for rule 14 for Red. "Probably not possible" is not a good conclusion. Either it was or it wasn't.Red's own actions indicate she was aware that Purple wasn't going to keep clear. By just 10 centimetres more she would have avoided the contact. Therefore is was reasonably possible for her to do so. She broke rule 14.She should be DSQ-ed since the damage was serious.(Please, if you use another casebook than the ISAF one, write what it is.)

No, no; the good ol' casebook. I lifted the "probably" bit from case 2. Given the fact that purple's tack was unexpectedly slow, and that at the point where R realized P was not going to be able to keep clear there was little space between the boats, I concluded that R could not have reasonably avoided contact with P. Consistent with rule 14, R did not act until it was clear that P was not holding clear. This action was, ex-post, taken too late, but the reason was an uncharacteristically slow tack that R had no way to foresee. That's why I went for no 14 for R. For similar reasons, no 14 for P: based on her information at the time, P should be able to tack and pass ahead of R (even R thought that would be the case). Once stuck in a surprisingly slow tack, there was little P could have done to avoid contact. Neither of them should be expected to correctly anticipate a change in pressure (or a slackened sheet by mistake), but to do the best they can to sail within the rules once that situation arises, right?

I can understand why you might follow this train of thought, but the jurisprudence is indicating that this is wrong;Have a look at Case 2002/11 in the RYA Casebookhttp://www.rya.org.uk/SiteCollectionDocuments/Racing/RacingInformation/RacingRules/RYA%20Case%20Book%202009-2012.pdfAnd also Q&A 2009-033

Thank you for the answer Jos, and for the references. I can understand 2002/11... the ROW had 10 seconds between realizing that the other boat was not keeping clear and contact, and the case I feel is based on the fact that 10 seconds are plenty of time. Based on the speeds we used for the previous challenge with tornadoes, somewhere between 2 and 3 seconds went between P passing htw and R changing course.

The Q&A has a similar problem with the ROW knowing for a long while that Yellow may not keep clear (and NEVER changing course). It says "in a situation as described, when the right-of-way boat realises that the keep-clear boatis not going to keep clear, she too has an obligation under rule 14 to try and avoid contact."

One of Red's first answers is what made me tip to that side: Answer 2: "I expected purple to have been long gone, they were very slow in tacking and didn't accelerate out of it. By the time I became aware that they might not have gone, I decided to bear off. I just didn't make it. If I had turned down perhaps 10 centimetres more, I would have cleared"Red tried to avoid contact by reacting as soon as she realized that P would not keep clear. Because of the questions and answers, I blamed the last 10 centimeters on the strangely slow tack rather than on Red doing too little too late. But I guess you're used to some pain-in-the ass judge disagreeing with you in the protest room as well huh? :P I may agree with you at some point in the future... I'm taking my first judge course next weekend :) I'm looking forward to making my instructors hate me!

Facts Found 1. Damage occurred which was obvious to both boats, so red flag was not required (rule 61.1(a)(3)), Purple informed Red within protest time limit (rule 61.3).

2. Wind 10-12 knots, with lulls of 4 knots.3. Purple rounded wide the starboard leeward gate mark, headed up to close-hauled course on starboard tack, then began to tack at 4.5 boatlength from the mark. She passed head-to-wind but lost speed in a lull, so that in the next 4-5 seconds she advanced only half a boatlength.4. Red rounded close to the mark well behind Purple. At the moment when Purple passed head to wind, Red was abreast of the mark, on a close-hauled course, one boatlength above Purple’s track. 5. 2-3 seconds later and at two boatlengths from Purple, when it became clear to Red that Purple is not accelerating out of the tack, Red bore away 45 degrees to avoid Purple, but collision occurred in which Purple’s starboard rudder was completely sheered off.6. Purple retired from the race.7. Red took a two turns penalty.

Conclusions1. The damage was serious.2. Purple on port tack did not keep clear of Red, a starboard tack boat. Purple broke rule 10.3. Purple could have avoided contact by keeping clear first. Purple broke rule 14.4. When it became clear to Red, that Purple is not keeping clear, Red did reasonable steps to avoid contact. Red did not break rule 14. 5. Red did not break rule 16.1, because when she changed course near the mark, Purple had right of way under rule 12. When later Red changed course she did it to avoid Purple. 6. Purple took the applicable penalty, she shall not be penalized further (rule 64.1(b)).7. Purple's score was made significantly worse, but not without her own fault, so no redress is available for her (rule 62.1).

I can't find in your facts if Purple was still tacking boat or already on port. So how can you conclude it is rule 10 or 13?If you can't decide write both.Red could reasonably avoid the contact. Her own actions indicate she was well aware that Purple wasn't going to keep clear. It was reasonable for her to bear away 10 centimetres more. She broke 14. (And the angle wasn't 45 degrees by a long way)

After the incident, Purple hailed protest, but did not display a protest flag.The incident resulted in damage to Purple, which was obvious to both Purple and Red.Within the protest time limit, Purple’s representative told Red’s crew that Purple was going ahead with the protest. Protest is valid: rule 61.1(a)(3).

Facts Found

After rounding the leeward mark, Purple sailed close hauled on starboard for 4.5 boat lengths and then started to tack.After Red rounded the leeward mark she sailed close hauled on starboard on a course one boat length to windward of the course taken by Red. When Red had established a close hauled course on starboard, Purple’s starboard bow crossed the path of Red’s port bow, 4 boat lengths ahead. At this point, Purple passed head to wind.Red held her course, accelerating towards Purple on the assumption that Purple would accelerate and pass clear ahead of her.When Red was less than two boat lengths from Purple, Purple was still 15 degrees from reaching a close hauled course on port. Red’s starboard bow was then aiming at Purple’s starboard bow.Red then bore away hard to avoid Purple, but there was contact between Red’s starboard bow and Purple’s starboard rudder. As a result, the rudder was broken off Purple’s hull.Red completed a two turn penalty and then continued sailing and finished the race.Purple was unable to continue racing without the starboard rudder. She retired.

Conclusions for protest

Purple, while tacking, did not keep clear of Red who was close hauled: Purple broke rule 13.It was reasonably possible for Purple to have avoided contact, had she not turned across Red’s path and continued turning, when Purple lacked the momentum to pass clear ahead. Purple broke rule 14.It was also reasonably possible for Red to have avoided contact. It was evident that Purple was not keeping clear when Red was 3 to 4 boat lengths away. Red nevertheless accelerated towards Purple on an unwarranted assumption that Purple would accelerate and sail clear of her. Red took avoiding action only after contact had become virtually inevitable. Red broke rule 14.The damage caused by the contact between Red and Purple was serious damage in terms of rule 44.1(b). Red did not absolve herself by completing a two turn penalty.

Conclusions for request for redress

Purple’s score was made significantly worse by the damage caused, in part, by Red’s actions breaking a rule in Part 2.As Purple contributed to the damage, breaking rules 13 & 14, it cannot be said that her score was made worse through no fault of her own: rule 62.1(b).

Rules applicable

13, 14, 44.1(b), 61.1(a)(3), 62.1(b),

Decision

Red is DSQ.Purple, having retired, is not penalised further.Redress for Purple is declined.

Purple is on a closehauled course 2 hull widths to leeward of the starboard layline leaving the mark. Purple luffs head to wind. At the same moment Red rounds the mark onto a close hauled course adjacent to the layline. Purple passes head to wind when Red is 3 boat lengths away. Purple slowly continues her tack. When 1.5 boat lengths away, Red bears away to pass behind Purple. There is contact between Red's starboard bow and Purple's starboard rudder. There is damage; Purple's rudder is sheered off. Purple hails protest and retires from the race. Red continues un the race. Red completes a two-turn penalty after the incident.

Rules that apply: 12, 13, 14 and 44.1

Conclusion: Protest is valid (hail made and hull length of Tornado under 6m). Whilst clear astern and up until Purple passed head to wind Red was required to 'keep clear'; she did so. Whilst tacking Purple was required to 'keep clear' of all other boats. Red took avoiding action as required by rule 14 when it became clear that Purple was not keeping clear, however, this action was too late and not substantial enough to avoid contact with Purple. The contact between boats caused enough damage that Purple had to retire from the race. Red did not case "serious damage" because the repair work completed by Purple was minor.

Decision: Red took the appropriate penalty for breaking rue 14 and no further penalty is applicable under rule 44.1. Purple is disqualified in this race for breaking rule 13. Her score is to be changed from DNF to DSQ. Since Purple's score in this race was not made significantly worse "through no fault of her own" (she broke rule 13) she is not entitled to redress.

Hull length of a Tornado is 6.1 m. Protest is valid under 61.1(a)(3). If a boat cannot continue in a race, the damage is considered as 'serious' damage. Red should have retired. The score of red should stay DNF, she took an appropriate penalty and cannot be penalized further.Did Purple break rule 14?

Facts Found(Diagram submitted by Purple is accepted by the jury). Purple hailed “Protest” 2 second after being hit by Red. Purple did not fly a flag Purple informed Red’s Crew at 15:50 that it was protesting on her way to hand in the protest which was done at 15:55. The time limit was 16:00.

Red and Purple both rounded the leeward mark to starboard. After round the mark Purple sailing off on a closed hauled course for 4 boat lengths then luffed and crossed beyond head to wind into a collision course with Red. Position 5 Red rounded the mark and established a close hauled course just before purple passed head to wind. Purple was 4 boat lengths ahead and 1 boat length to leeward at this time. When Red was 2 boat lengths from Purple it altered its course some to pass astern of Purple. Purples speed dropped to 2 knots when tacking, Red’s speed was 8 knots. Red’s starboard bow hit purples starboard rudder and sheered of the rudder off at the gudgeons. The damage was obvious to both boats.Purple returned directly to shore and DNF.Red did a two turn penalty and finished the race

ConclusionsThe protest is valid because Purple made the hail of “protest” immediately. A protest flag was not required under rule 61.1 a) 3 because damage to the rudder was obvious to both boats and Purple notified Red by informing the crew its intention to protest before handing the protest in with- in the time limit. Purple did not keep clear of Red when she passed head to wind and was tacking to port (rule 13)Red on starboard, the right of way boat, did not avoid contact when it was reasonably possible for her to do so when it was clear that Purple was not going to keep clear. Red breaks Rule 14 (a). Red two turn penalty does not absolve her of breaking Rule 14 and is penalized under Rule 14 (b) because the contact caused damage of a broken rudder on Purple which kept Purple from continuing to sail at a normal speed and manoeuvrability.Purple request for redress does not meet the requirements of Rule 62.1 (b) and is denied because she shares the fault of her broken rudder, which made her race significantly worse, by tacking in front of Red on starboard the ROW boat (rule 13).

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EXCERPT from the NOTEBOOKS of LAZARUS LONG (*1916-†4272)

What are the facts? Again and again and again – what are the facts? Shun wishful thinking, ignore divine revelation, forget what “the stars foretell” avoid opinion, care not what the neighbours think, never mind the unguessable “verdict of history” – what are the facts, and to how many decimal places?You pilot always into an unknown future; facts are your single clue. Get the facts!